Attachment 4
RESOLUTION 2018-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
REMANDING A REQUEST FOR A MODIFICATION OF AN
EXISTING CONDITIONAL USE PERMIT
TO ALLOW WINE AND BEER TASTING
ON PROPERTY ZONED C-1
TO THE PLANNING COMMISSION
APN: 523-06-045
CONDITIONAL USE PERMIT APPLICATION: U-18-008
PROPERTY LOCATION: 720 BLOSSOM HILL ROAD
PROPERTY OWNER: RICE FAMILY LIVING TRUST
APPLICANT: LUNARDI’S SUPERMARKET, INC.
WHEREAS, the applicant requests approval of a modification of an existing Conditional
Use Permit (CUP) to allow wine and beer tasting on property zoned C-1; and
WHEREAS, on October 10, 2018, the Planning Commission considered a CUP
application, U-18-004, requesting to modify an existing CUP on property zoned C-1.
WHEREAS, the Planning Commission recommended approval of the request subject to
revised Conditions of Approval, finding that the proposed use of the property is desirable to the
public convenience in that it introduces a new use within an existing supermarket, providing a
more complete shopping experience to which customers have grown accustomed; the
proposed use will not impair the integrity and character of the zone in that the proposed use is
a commercial use in a commercial zone; the proposed use will not be detrimental to public
health, safety, or general welfare as the conditions placed on the permit would maintain the
welfare of the community; and the proposed use of the property is in harmony with the various
elements or objectives of the General Plan and the purposes of the Town Code and as discussed
within the October 10, 2018, Planning Commission staff report; and
ATTACHMENT 4
Draft Resolution to be
modified by Town
Council deliberations
and direction.
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on December 18, 2018; and
WHEREAS, the Town Council received testimony and documentary evidence from the
applicant and all interested persons who wished to testify or submit documents. The Town
Council considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of material contained in the Council Agenda Report for
its meeting on December 18, 2018, along with any and all subsequent reports and materials
prepared concerning this application.
NOW, THEREFORE, BE IT RESOLVED:
1. The request to modify an existing CUP to allow wine and beer tasting within an
existing supermarket is remanded to the Planning Commission for further consideration.
2. The decision does not constitute a final administrative decision and the application
will be returned to the Planning Commission for further recommendation. The application will
then be sent back to Council for a final decision.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 18th day of December, 2018, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
S:\COUNCIL REPORTS\2018\12-18-18\CUP 720 BHR\Attachment 4 - Draft Resolution to Remand the Application to the Planning
Commission.docx
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